The Criminal Consideration Of Neutral Helping Behavior

Neutral help behavior has been widely discussed in foreign countries.In recent years,China's criminal law scholars to discuss the neutral help behavior is also in full swing.The so-called neutral help behavior is that,in daily life that are usually harmless,does not have a criminal purpose,but objectively play a role in promoting criminal behavior of others.Because neutral help behavior have the characteristic of daily,occupational and fuzzy of subjective state of mind,if it fully into the crime will certainly unreasonable restrictions on freedom of citizen,influence people's daily communication,hinder the development of social economy,and because of that,so for a long time,most scholars of restraining punishment theory,and put forward a wonderful and distinctive limit theory into crime.Weigh the civil liberties with the legal interests protection,considering the modesty of the criminal law,contact the inherent characteristics of the neutral help behavior,based on the relevant theory of punishment law,based on the social reality,the comprehensive consideration on the neutral help behavior,provide neutral help behavior with relatively uniform,operational and accepted into sin standard is the purpose of this article.This article is divided into three parts.The first part is the introduction to neutral help behavior,the general issues in neutral help behavior are expounded.Firstly,it defines the concept of neutral help behavior,and summarizes the characteristics of neutral help behavior.Secondly,introduced the foreign relevant neutral help behavior theory,introduces the theory of scholars about the neutral help behavior in our country,and it also clarifies that this article is based on the restriction of the penalty theory,the view from the two aspects of the subjective and objective to limit the scope of the crime of helping behaviorIs the basic position.Again,this paper makes a reasonable interpretation of the trend of "cautious punishment" in neutral help behavior in recent years.Finally,combing and analyzing the relevant provisions in legislation and justice.The second part is the basis for punishment of accomplice and the neutral help behavior standards into crime.On one hand,demonstrates the basis of the punishment of the accomplice,agree with the theory of mixed causation of causal accomplice theory,provides theoreticalsupport and logical basis for neutral help crime.On the other hand,that particularly discussed from two aspects of subjective and objective standard neutral help behavior into crime.In the subjective aspect,it discusses the two aspects of cognition and will.In the objective aspect,it discusses the two aspects of helping behavior and causality.The third part is mainly to focus on the research on classifying neutral help behavior,according to the second part of the position and standard to analyses the related cases,draw a more reasonable conclusion.